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UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

v.

GEOLOGISTICS INTERNATIONAL MANAGEMENT (BERMUDA) LIMITED,

Defendant.

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Criminal No.: 1:10-cr-00268-RJL

Filed: September 30, 2010

Count I: 15 U.S.C. § 1

INFORMATION

THE UNITED STATES OF AMERICA, ACTING THROUGH ITS ATTORNEYS, CHARGES:

I.

COUNT ONE - CONSPIRACY TO RESTRAIN TRADE - AAMS(15 U.S.C. § 1)

Defendant and Co-Conspirators

1. Geologistics International Management (Bermuda) Limited ("defendant") is a
corporation organized and existing under the laws of Bermuda with headquarters in Hamilton,
Bermuda.. During the period covered by this Information, defendant was engaged in the business
of providing freight forwarding services in the United States and elsewhere.

2. Various corporations and individuals, not charged with the defendant in this
Information, participated as co-conspirators in the offenses charged in this Information and
performed acts and made statements in furtherance of them.

3. Whenever in this Information reference is made to any act, deed or transaction of
any corporation, the allegation means that the corporation engaged in the act, deed or transaction
by or through its officers, directors, employees, agents or other representatives while they were
actively engaged in the management, direction, control or transaction of its business or affairs.

Background of the Offense

4. Freight forwarders arrange for and manage the shipment of goods from one point
to another. Freight forwarders provide international freight forwarding services by receiving,
delivering, packaging and preparing cargo freight destined for air shipment to or from the United
States; by arranging transportation incidental to an air freight shipment to or from the United
States, such as ground service to an airport at which the defendant offers international air freight
shipment services and warehousing prior to international shipment; and by preparing documents
to accompany an air freight shipment to or from the United States. To provide these services,
freight forwarders generally enter into contracts or other arrangements with transportation
providers, such as air carriers and steamship lines, to transport the goods, with the forwarders
themselves providing packaging, tracking, incidental handling and other ancillary services
associated with the transportation of goods, both internationally and domestically.

5. Beginning in or about August 2004, the Government of the United States, through
its Bureau of Customs and Border Protection ("CBP"), a branch of the Department of Homeland
Security, mandated that CBP be notified of the contents and certain other information pertaining
to goods being shipped to the United States by air as many as four hours prior to the arrival of the
shipment in the United States. The notification was required to be made via an electronic data
interchange system approved by CBP, known as the Air Automated Manifest System ("AAMS").
Freight forwarders were required to collect the necessary information regarding their shipments,
then either to file that information directly with CBP or to file it indirectly with CBP through the
air carrier transporting the shipment.

6. Beginning in or about August 2004, certain freight forwarders imposed an
"AAMS fee" on their customers for shipments to the United States, purportedly as a charge for
complying with AAMS requirements.

Description of the Offense

7. Beginning in or about March 2003 and continuing until in or about October 2007,
the exact dates being unknown to the government, defendant and its co-conspirators entered into
and engaged in a combination and conspiracy to suppress and eliminate competition by agreeing
to impose an "AAMS fee" on customers that purchased international freight forwarding services
related to shipment of cargo by air to the United States. The combination and conspiracy
engaged in by defendant and its co-conspirators was in unreasonable restraint of interstate and
foreign trade and commerce, in violation of Section 1 of the Sherman Act (15 U.S.C. § 1).

8. The charged combination and conspiracy consisted of a continuing agreement,
understanding and concert of action among defendant and its co-conspirators, the substantial
term of which was to impose an "AAMS fee" on shipments of cargo by air to the United States.

Means and Methods of the Conspiracy

9. For the purpose of forming and carrying out the charged combination and conspiracy, defendant and its co-conspirators did those things that they combined and conspired
to do, including, among other things:

(a) held meetings and engaged in discussions regarding the AAMS;

(b) agreed during those meetings and discussions to charge their customers a
separate fee to make the filing required under the AAMS;

(c) agreed during those meetings and discussions to coordinate on the level of
the fee to charge their customers to make the filing required under the
AAMS;

(d) agreed during those meetings and discussions to accept payment for their
AAMS charges at collusive and non-competitive prices;

(e) issued price announcements in accordance with the agreements reached;

(f) provided international air freight forwarding services to the United States
and elsewhere pursuant to air waybills and invoices containing the
collusive and non-competitive fees; and

(g) accepted payments for international air freight forwarding services
pursuant to air waybills and invoices containing collusive and non-competitive fees.

Trade and Commerce

10. During the period covered by this Count, defendant and its co-conspirators
provided freight forwarding services in a continuous and uninterrupted flow of interstate and
foreign commerce into the United States. In addition, the cargo and payments for which the
defendant and its co-conspirators provided international air freight forwarding services moved in
interstate and foreign commerce.

11. During the period covered by this Count, the business activities of defendant and
its co-conspirators in connection with the freight forwarding services that are the subject of this
Count were within the flow of, and substantially affected, interstate and foreign trade and
commerce.

Jurisdiction and Venue

12. The combination and conspiracy charged in this Count was carried out within the
United States during the five years preceding the filing of this Information.